Chapter 14: The Drug Free Workplace
Alcohol and Other Drugs Policy
The unlawful possession, use, purchase, or distribution of alcohol on College property or as part of any College activity is prohibited, except on occasions when the legal consumption of alcoholic beverages in a social setting is authorized or sponsored by the College. The unlawful possession, use, purchase, or distribution of illicit drugs, controlled substances (including stimulants, depressants, narcotics, or hallucinogenic drugs), or paraphernalia - or the misuse of prescription drugs, including sharing, procuring, buying, or using in a manner different from the prescribed use, or by someone other than the person for whom it was prescribed-is prohibited on College property or as part of any College activity.
The overarching priority of the College with respect to alcohol and drugs is to help ensure the safety and well-being of Swarthmore College community members and visitors. The College is committed to providing guidance so that community members can comply with local, state, and federal laws governing alcohol consumption.
The College believes that everyone has the right to work and learn in an environment free from the effects of substance abuse. Those individuals who abuse alcohol and other drugs are a danger to themselves and others.
Objectives. The objectives of these policies reflect the College’s desire to create an intentional community based on principles of respect for oneself and others.
The Alcohol and Other Drugs Policy has several objectives:
- to promote the safety and well-being of the Swarthmore community and its members;
- to maintain a safe campus, where students can enjoy their social lives amid a comfortable and coercion-free atmosphere;
- to provide information about alcohol and other drugs so that community members can make responsible, healthy choices;
- to provide confidential support for community members seeking treatment for alcohol- and/or drug-related problems; and
- to be in compliance with federal statutes, Pennsylvania laws, and borough ordinances that regulate the consumption of alcohol.
AVAILABLE ASSISTANCE FOR ABUSE PROBLEMS
Alcohol and drugs can interfere with academics, friendships, jobs, family, and, most importantly, one’s health, as well as create legal problems including warnings, citations, arrest, and jail.
A variety of resources exist for drug or alcohol counseling, treatment, or rehabilitation programs. For detailed information concerning these College and/or community resources, staff and faculty should contact the offices listed below or contact their supervisor.
Provost's Office 610-328-8319
Human Resources 610-328-8398
Employee Assistance Program (for faculty and staff only) 800-437-0911
Dean’s Office 610-328-8365
Worth Health Ctr 610-328-8058
Counseling and Psychological Svcs 610-328-8059
Alcohol & Drug Referral Hotline 800-Alcohol (800-252-6465)
Alcoholics Anonymous Central Office 215-923-7900
Cocaine Anonymous 866-777-0983
Crozer-Chester Medical Center 610-497-7200
Narcotics Anonymous 610-534-9510
In addition to College disciplinary actions, criminal penalties, and workplace hazards, specific serious health risks are associated with the use of illicit drugs and alcohol. All drugs, including alcohol, can cause marked changes in behavior and have side effects. Their influences can affect the safety and well-being of the users as well as those around them.
Alcohol is a central nervous system depressant that is absorbed into the blood stream and transmitted to all parts of the body. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that a driver will be involved in an accident. Low to moderate doses reduce physical coordination and mental alertness, while increasing the incidence of aggressive behavior. Moderate to high doses of alcohol drastically impair an individual’s ability to function, sometimes rendering them unconscious. Long-term drinking of large quantities of alcohol can increase the risk of developing liver and heart disease, circulatory and stomach problems, various forms of cancer, and may cause irreversible brain damage.
Illicit drugs, including but not limited to stimulants, depressants, hallucinogens, narcotics, or inhalants, can interfere with important brain activities, including coordination, memory, and learning. They increase the risk of lung cancer, destroy liver cells, initiate severe weight loss, and may weaken the immune system. Users may also experience abdominal pain, nausea, vomiting, rapid heartbeat, and irregular breathing. Convulsions, coma, and death are also possible. Combining drugs can be fatal.
VIOLATIONS OF THE DRUG FREE WORKPLACE POLICY AND EMPLOYMENT
Violations of this policy will result in disciplinary action in accordance with College policies and procedures covering the conduct of faculty, and staff, up to and including dismissal (consistent with the local, state, and federal laws described below). As a condition of employment, all employees must abide by the terms of this policy.
Student violations of the Alcohol and Other Drugs Policies of the College will be handled in accordance with the Student Code of Conduct Rules and Regulations.
LOCAL, STATE, AND FEDERAL LEGAL SANCTIONS
An employee or student who violates the College’s Alcohol and Other Drugs policies, including the Drug free Workplace Policy, is subject both to the College’s sanctions and to criminal sanctions provided by federal, state, and local law.
The Drug-Free Workplace Act and The Drug-Free Schools and Communities Act.
In 1988 and in 1989, the federal government adopted the Drug-free Workplace Act and Drug-Free Schools and Communities Act, respectively. As a condition of receiving federal grants, the College must certify that it is in compliance with this law. This means that illegal drug use and underage drinking is not only a violation of state law, but also a violation of College policy and will result in disciplinary action, up to and including dismissal. The consumption of alcohol in quantities to the extent that an employee is unable to perform the duties of the job in a safe and productive manner, is also a violation of College policy and will result in disciplinary action, up to and including dismissal..
Alcohol. Under Pennsylvania state law, a person less than 21 years of age may not purchase, consume, possess, or transport alcohol. Any person convicted of violating this law will have her/his driver’s license suspended for ninety (90) days. A second offense will result in a one-year suspension of driving privileges and a fine up to $500. Additionally, any person who intentionally provides alcohol to a person less than 21 years of age is guilty of a misdemeanor of the third degree, which carries a fine of at least $1,000 for the first (1st) offense.
Pennsylvania state law allows a driver to be considered intoxicated and charged with driving under the influence (DUI) if she/he has symptoms of intoxication and a blood-alcohol content (BAC) greater than 0.08 percent. A BAC of 0.08 percent can be obtained by consuming a little less than one (1) drink per hour. A driver will be charged with DUI if her/his BAC exceeds 0.08 percent.
Additionally, Pennsylvania state law penalizes public drunkenness and defines it as: “A person is guilty of a summary offense if he/she appears in any public place manifestly under the influence of alcohol to the degree he/she may endanger himself/herself or other persons or property, or annoy persons in his/her vicinity.” It is also a violation of Swarthmore Borough Ordinance 759 to be found in a drunken or intoxicated condition under circumstances tending to disturb the neighborhood or to cause a breach of the public peace. Swarthmore Borough police will enforce these laws on and off campus.
Drugs. Both federal and state laws impose sanctions for the possession, use, and distribution of illegal drugs. The sanctions for any given offense depend on the type and quantity of the drug involved and whether the offense is possession, use, or distribution.
Under federal law, simple possession of a controlled substance carries a penalty of imprisonment for up to one (1) year, plus a minimum fine of $1,000. If the controlled substance contains a cocaine base and the amount exceeds five (5) grams, the first-time offender will be imprisoned for not less than five (5) years and not more than twenty (20) years and fined. Also under federal law, any person 18 or more years old who distributes drugs to anyone under age 21 will be imprisoned or fined, or both, up to twice what is otherwise provided by law, with a minimum prison sentence of one (1) year. This same penalty applies to any person who distributes or possesses with intent to distribute drugs to anyone within 1,000 feet of a college campus.
Pennsylvania law imposes similarly strict sanctions on the unlawful use, possession, and distribution of drugs. In addition to imposing fines and imprisonment for violation of its drug laws, Pennsylvania will seize all of the violator’s property that was used in committing the crime.
STATE AND FEDERAL SANCTIONS
The following is a summary description of the legal sanctions under state and federal law for the unlawful possession or distribution of illicit drugs and alcohol.
1. Drugs - state penalties and sanctions for illegal possession, sale, or delivery of a controlled substance:
a. The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq. sets up five schedules of controlled substances based on potential for abuse, dangerousness, and medical uses. The act prohibits, among other things, the manufacture, distribution, sale, or acquisition by misrepresentation or forgery of controlled substances except in accordance with the act, as well as the knowing possession of controlled substances unlawfully acquired. Penalties for first-time violators of the act range from thirty (30) days imprisonment, a $500 fine, or both, for possession or distribution of a small amount of marijuana or hashish, but which was not for sale, to fifteen (15) years imprisonment, a $250,000 fine, or both, for the manufacture or delivery of a schedule I or II narcotic.
Fines and terms of imprisonment may be doubled under certain circumstances, including the distribution of a controlled substance to a person under 18 years of age or a conviction for a second or subsequent offense.
b. 18 Pa. C.S. §§ 6314, 6317. A person over 18 years of age who is convicted for violating the
Controlled Substance, Drug, Device and Cosmetic Act shall be sentenced to a minimum of at least one (1) year total confinement if the delivery or possession with intent to deliver of the controlled substance was to a minor. If the offense is committed within 1,000 feet of the real property on which is located a public, private, or parochial school or a college or university or within 250 feet of the real property on which is located a recreation center or playground or on a school bus (“drug free school zones”), the person shall be sentenced to an additional minimum sentence of at least two (2) years total confinement. Such offenses not involving minors in drug-free school zones are subject to a mandatory minimum of two (2) years of total confinement.
c. The Pharmacy Act of 1961, 63 P.S. § 390-8 prohibits, among other things, procuring or attempting to procure drugs by fraud, deceit, misrepresentation, or subterfuge or by forgery or alteration of a prescription. The first offense is a misdemeanor, with a maximum penalty of one (1) year of imprisonment, a $5,000 fine, or both. For each subsequent offense, the maximum penalty is three (3) years of imprisonment, a $15,000 fine, or both.
d. The Vehicle Code, 75 Pa. C.S. § 3802 et seq. prohibits driving, operating, or being in actual physical control of the movement of a vehicle while under the influence of alcohol or a controlled substance, or both, if the driver is thereby rendered incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle or if the alcohol concentration in the individual’s blood or breath exceeds the stated limits. Penalties for first-time violators of the act range from a mandatory term of six (6) months’ probation, a $300 fine, or both, to a maximum of seventy-two (72) hours’ imprisonment, a $5,000 fine, or both. Penalties for subsequent violations increase to a maximum of not less than one (1) year imprisonment, a $10,000 fine, or both. In addition to the above penalties, the court has discretion to order any or all of the following: highway safety training, drug or alcohol treatment, community service, attendance at a victim-impact panel, use of an ignition interlock device, and/or suspension of operating privileges.
2. Drugs—federal penalties and sanctions for illegal possession or trafficking of a controlled substance:
a. 21 U.S.C.S. § 844(a). For the first conviction: up to one (1) year of imprisonment and fine of at least $1,000, or both. After one (1) prior drug conviction: at least fifteen (15) days’ imprisonment, not to exceed two (2) years, and fine of at least $2,500. After two (2) or more prior drug convictions: At least ninety (90) days’ imprisonment, not to exceed three (3) years, and fine of at least $5,000.
The special sentencing provisions for possession of flunitrazepam (the “date rape drug”) include imprisonment not to exceed three (3) years and fine of at least $1,000.
The special sentencing provisions for possession of a mixture or substance that contains a cocaine base (i.e., crack) are: a mandatory minimum of at least five (5) years’ imprisonment, not to exceed twenty (20) years, and fine of at least $1,000, if: (i) this is a first (1st) conviction and the amount possessed exceeds five (5) grams; (ii) this is a second (2nd) conviction and the amount possessed exceeds three (3) grams; or (iii) this is a third (3rd) or subsequent conviction and the amount possessed exceeds one (1) gram.
In addition to the above penalties, the court has discretion, upon conviction, to order a fine in the amount of the reasonable costs of the investigation and prosecution of the offense.
b. 21 U.S.C.S. §§ 853(a) and 881(a). This statute allows for the forfeiture of personal and real property used, or intended to be used, to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one (1) year of imprisonment (see special sentencing provisions above for cocaine-based drugs, such as crack).
Additionally, this allows for the forfeiture of money, controlled substances, drug paraphernalia, firearms, books and records, vehicles, boats, aircraft or any other conveyance used, or intended to be used, to transport or facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance or any raw materials, products, or equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance.
c. 20 U.S.C.S.§ 1091(r). A student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under federal law, shall not be eligible to receive any grant, loan, or work assistance during the period beginning on the date of such conviction and ending after the interval specified as follows. If convicted of an offense involving the possession of a controlled substance: first (1st) offense, the student is ineligible for one (1) year; second (2nd), offense, the student is ineligible for two (2) years; third (3rd) offense, the student is ineligible indefinitely. If convicted of an offense involving the sale of a controlled substance, the penalty for the first (1st) offense is an ineligibility period of two (2) years; the penalty for a second (2nd) offense is ineligibility for an indefinite period.
A student whose eligibility has been suspended under the above paragraph may resume eligibility before the end of the ineligibility period if (a) the student satisfactorily completes a drug rehabilitation program that (i) complies with such criteria as prescribed by regulations and (ii) includes two (2) unannounced drug tests; (b) the student successfully passes two (2) unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as prescribed by regulations; or (c) the conviction is reversed, set aside, or otherwise rendered not valid.
d. 21 U.S.C.S. § 862. . The following penalties are for possession of a controlled substance. Penalties are increased for trafficking. Denial of federal benefits, such as grants, contracts, loans, and professional and commercial licenses, up to one (1) year for the first (1st) offense and up to five (5) years for the second (2nd) and subsequent offenses
e. 18 U.S.C.S. § 922(g). Under this statute, one who is an unlawful user of, or addicted to, controlled substances is ineligible to own or possess firearms or ammunition.
f. Miscellaneous statutes. Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.
g. See the chart describing Federal Trafficking Penalties attached to this handbook as Appendix B for additional information.
3. Alcohol—state penalties and sanctions for illegal possession or other violations:
The Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq., controls the possession and sale of alcoholic beverages within the commonwealth. The code (in conjunction with portions of the Pennsylvania statutes pertaining to crimes and offenses involving minors, 18 Pa. C.S.A. § 6307 et seq.) provides as follows:
a. It is a summary offense for a person under the age of 21 to attempt to purchase, consume, possess, or knowingly and intentionally transport any liquor or malt or brewed beverages. The penalty for a first (1st) offense is suspension of driving privileges for ninety (90) days, a fine up to $300, and imprisonment for up to ninety (90) days; for a second (2nd) offense, suspension of driving privileges for one (1) year, a fine up to $500, and imprisonment for up to ninety (90) days; and for a subsequent offense, suspension of driving privileges for two (2) years, a fine up to $500, and imprisonment for up to ninety (90) days. Multiple sentences involving suspension of driving privileges must be served consecutively.
b. It is a crime intentionally and knowingly to sell or intentionally and knowingly to furnish or to purchase with the intent to sell or furnish, any liquor or malt or brewed beverages to any minor (under the age of 21). “Furnish” means to supply, give, or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged. The minimum fine for a first (1st) violation is $1,000; $2,500 for each subsequent violation; and imprisonment for up to one (1) year for any violation.
c. It is a crime for any person under 21 years of age to possess an identification card falsely identifying that person as being 21 years of age or older, or to obtain or attempt to obtain liquor or malt or brewed beverages by using a false identification card. The penalty for a first (1st) offense is suspension of driving privileges for ninety (90) days, a fine up to $300, and imprisonment for up to ninety (90) days; for a second (2nd) offense, suspension of driving privileges for one (1) year, a fine up to $500, and imprisonment for up to one (1) year; and for a subsequent offense, suspension of driving privileges for two (2) years, a fine up to $500, and imprisonment for up to one (1) year.
d. It is a crime intentionally, knowingly, or recklessly to manufacture, make, alter, sell, or attempt to sell an identification card falsely representing the identity, birth date, or age of another. The fine is up to $2,500 for the first (1st) violation; up to $5,000 for subsequent violations; and imprisonment for up to two (2) years for any violation.
e. It is a crime knowingly to misrepresent one’s age to obtain liquor. Penalties are as stated in (c) above.
f. It is a crime for any person to appear in any public place manifestly under the influence of alcohol to the degree that she/he may endanger herself/ himself or other persons or property, or annoy persons in her/his vicinity. The penalty is a fine up to $300 and imprisonment for up to ninety (90) days.
g. It is a crime knowingly, willfully, and falsely to represent that another is of legal age to obtain liquor or malt or brewed beverages. The penalty is a minimum fine of $300 and imprisonment for up to one (1) year.
h. It is a crime to hire, request, or induce any minor to purchase liquor or malt or brewed beverages. The penalty is a minimum fine of $300 and imprisonment for up to one (1) year.
i. Sales without a license or purchases from an unlicensed source of liquor or malt beverages are prohibited.
j. It is unlawful to possess or transport liquor or alcohol within the commonwealth unless it has been purchased from a Pennsylvania State Liquor Store or in accordance with Liquor Control Board regulations.